Supreme Court To Hear IPS Officer's Challenge To HC Order Removing Him As Himachal Pradesh DGP

The Supreme Court on Tuesday (January 2) agreed to urgently hear a petition filed by IPS officer Sanjay Kundu challenging an order passed by the Himachal Pradesh High Court to remove him from the post of Himachal Pradesh's Director General of Police.

Senior Advocate Mukul Rohathi mentioned the petition before Chief Justice of India DY Chandrachud for urgent listing. The senior counsel said that the matter was "extraordinary" as the High Court passed the order without hearing the officer. CJI initially agreed to hear the matter today itself, after the completion of the listed matters. Later, on Rohatgi's request, CJI agreed to list the petition tomorrow.

The issue pertains to an Order passed by the High Court of Himachal Pradesh on December 26, 2023 which directs the petitioner to be moved to another post in light of the Court's Suo Moto proceedings on a criminal complaint made by a resident of Kangra District alleging threat to his life by a former IPS officer and a practising lawyer. The transfer from the incumbent position of DGP has been ordered by the High Court bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua keeping in view the “possibility of investigation not being carried out in a fair manner.”

"In the light of the material available to us in this case till date, we are satisfied that exceptional circumstances do exist for intervening in the matter more particularly when the respondent no.1(State of HP) had chosen to turn a blind eye to the said material for reasons best known to it.

In the interest of justice and to ensure fairness of investigation and also keeping in mind the principle the “justice must not only be done but must be seen to be done”, we are of the opinion that it would be desirable that present incumbents holding posts of both the Director General of Police, HP and respondent no.2 be moved to other posts to ensure that fair investigation happens in the FIRs registered," the High Court observed.